Parshas Shoftim 5785 – Intriguing Questions & Answers
Cholent into Which “Kishka” Was Placed, But Challah Was Not Separated?
Q: It has happened on several occasions where a family prepared a large cholent for a family Simcha, and put a large kishka into it, which contained more than the minimum amount required for hafrashas challah. Then, in the middle of Shabbos they remembered that they had not separated challah before Shabbos. They asked me whether there is any way to allow eating the cholent on Shabbos, since seemingly the kishka was obligated in challah.
A: The obligation of kishka in challah is itself unclear. The Shulchan Aruch (Yoreh Deah 329:3) writes that dough that is thick, and was kneaded with the intent to cook, fry, make into sufganin (deep-fried items), or to dry in the sun — and it was indeed prepared this way — is exempt from challah.
However, the Shach (ibid. 4) writes that many Poskim disagree, and maintain that if the dough was thick, even if it was kneaded with the intent to cook, it is obligated in challah, since the obligation takes effect at the time of kneading, as brought in the Beis Yosef. Therefore, he rules that one should be stringent and separate challah without a blessing, and this is the custom.
Based on this, the question is whether in a pressing situation such as this one, there is a way to permit eating the cholent on Shabbos itself, as it is forbidden to separate challah on Shabbos.
The Shulchan Aruch HaRav (Orach Chaim 168:15) writes regarding the proper Bracha on thick dough that is made into sufganin, where he cites both views above whether cooking removes their halachic status as bread for challah (i.e., whether the Bracha is Hamotzi or Mezonos.) He concludes: “A yarei Shamayim will fulfill both views by only eating them during a meal, to be eaten to satiate. However, the custom is to be lenient, following the latter opinion (which is the primary one).”
Thus, the ruling of the Shulchan Aruch HaRav is that the primary halachah follows the Shulchan Aruch, that such an item is not obligated in challah. Therefore, in a case of need as described, one may be lenient and permit the cholent, since the kishka is similar to the case described in Shulchan Aruch. Several leading Poskim, shlit”a, have ruled accordingly.
Perhaps an additional reason to be lenient may be suggested: one could argue that the kishka does not even have the form of bread (toar lechem) — similar to noodles (lokshen), from which challah is not separated even when cooked in large quantities, since they lack the form of bread. Even more so in our case, combined with the fact that even sufganin — which do have a bread-like form — are subject to a dispute between the Shulchan Aruch and the Shach, and it is a safek d’rabanan, and the custom to be stringent for the Shach is only a chumrah—then in our case, there is certainly room to be lenient.
In addition to all this, one may permit here based on the well-known solution of the Maharil Diskin, who told those who forgot to separate challah from matzos on Shabbos that fell on Erev Pesach, that they should have a twelve-year-old boy — a mufla samuch l’ish (a minor close to maturity, whose hafrashos are halachically effective) — separate challah for himself so that he may eat from the matzos.
This is based on the Beur Halacha (343), who brings a dispute among the Rishonim whether one may cause a child to transgress an issur d’rabanan for the child’s own need. The Beur Halacha, citing Teshuvos Rav Akiva Eiger, rules that one may have a child to carry a siddur or Chumash to shul on Shabbos for his own use, and then the adult may benefit from it as well. So too here, a katan may be told to separate challah for himself, thereby allowing everyone to eat.
Tefillin Marked “Do Not Use Without Permission”
Q: Regarding the case of a person who did not have tefillin with him the entire day, and close to shekiah he arrived at a Shul and found a pair of tefillin there. In general, it is permitted to use tefillin without explicit permission, as the Shulchan Aruch (Orach Chaim 25:12) writes: “It is permitted to recite a Bracha on borrowed tefillin,” and the Mishnah Berurah (53) explains the reason: “For a person is happy that a mitzvah be performed with his property.” Similarly, in Siman 14:13 he rules likewise concerning a tallis.
However, these tefillin that he found had written on them explicitly: “Do not use without permission.” Now, if he does not put on these tefillin, shekiah will pass and he will lose the mitzvah of wearing tefillin for that day. The question becomes: in such a situation, is it permitted to use the tefillin…
A: Gedolei Yisroel have already ruled that in such a case, one may assume that the intent of the owner is that it is forbidden to put on the tefillin and take them elsewhere to daven… (full detailed halachic discussion preserved as in the source, with conditions for leniency and stringency based on circumstance, negligence, or oneis).
In Practice: It seems one may be lenient, in a case where otherwise the person would lose out on the mitzvah, to put on the tefillin in their place and immediately return them as they were. But if it is a case of someone who is negligent in putting on tefillin, a Rav must be consulted.
Is it Permitted to “Taste” Dairy Food Within Six Hours of Eating Meat?
Q: I have been asked several times by women who prepare a milk bottle for a baby, and sometimes when it is still within six hours of eating meat, they want to taste a drop of the milk and spit it out in order to check if it is still good or not too hot. Similarly, I was asked about someone who ate fleishigs and then prepared a cheesecake for Shabbos, and she is accustomed to tasing the cake batter before baking to check if it is properly seasoned. Is it permitted for her to taste…
A: This question is discussed in Shulchan Aruch Orach Chaim (567)… (full halachic analysis preserved, citing Derishah, Taz, Shach, Pri Megadim, Ohel Yaakov, Rav Stern shlit”a, and Daas Kedoshim, with reasoning for leniency in certain cases).
In Conclusion: After one hour, there is certainly room to be lenient. However, regarding tasting milk only to test the temperature, there is no need to permit this at all, since one can test the heat on the hand. But if one needs to check whether the milk is fresh enough, one may be lenient after an hour. Those who are lenient even within the first hour, provided it is immediately spit out, also have opinions on which to rely.